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08-21-2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 21, 2007 at 7:00 p.m. Members attending were James Purvis, Chairman, Tim Murry, James Davern, A. D. Van Demark, and Terry Felder. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, Jim Hitt, Planning and Zoning Director, and Rae Chidlow, Code Enforcement Clerk. Joe Janusiak and Les Booker were absent. Code Enforcement Chairman Jim Purvis read the Opening Remarks. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Workshop of June 19, 2007 were approved as written. The minutes from the Code Enforcement Board Meeting of June 19, 2007 were approved as written. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. ORAL PROGRESS REPORT CASE NO. 07-328 AI-Karim Jivraj 1770 Deer Isle Circle Winter Garden, FL 34787 LOCATION OF VIOLATION: 528 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (3). Minimum Housing Standards Ch. 3, Sec. 301-307.6 City Attorney Yvette Brown introduced the above referenced case that was originally heard before the Code Enforcement Board on April 17, 2007. The Respondent has a minimum housing standards case and they were found in violation in April 2007 and given until June 19, 2007 (60 days) in order to comply. At the Code Enforcement Board Meeting on June 19, 2007 they were given an extension for this case until October 16, 2007 to comply, with an oral report to be submitted to the Board on August 21, 2007. The City Attorney said the Respondent was present. CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 AI-Karim Jivraj, of 528 W. Minneola Avenue, Clermont FL 34711, stated that a lot of the electrical issues have been resolved. He stated that permits were pulled and the inspections were completed and approved on Thursday. Mr. Jivraj said the fire department approved everything except the fire sprinklers but they are going to work with him on that. He stated that hopefully by October 16t" he should be able to finish a lot of the cosmetic issues. He stated he would like to finish it to a much higher standard then what it was before so he can attract better tenants. He stated he is trying to sell some properties so he can have the monies to complete .but the market is slow at this time. Chairman Jim Purvis stated they are still sticking to the October deadline. Mr. Jivraj stated that he is hoping to be complete by that deadline but he is trying to complete it with higher standards. NEW BUSINESS There was no new business. OLD BUSINESS CASE NO. 06-310 & 06-311 Lakshminarine Rampersad 677 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 76 (12). Standard Unsafe Building Abatement Code. Ordinance No. 281-C, Chapter 122, Section 122-344 (a) Building Permit Required. City Attorney Yvette Brown introduced the above referenced cases and said that these cases were originally heard before the Code Enforcement Board on November 21, 2006 and were found in violation at that time. The interior of the main building was destroyed by the fire and there was a storage building on the premises that had been turned into a beauty salon without first obtaining the proper permits. A fine of $10.00 a day each is due to start on February 20, 2007. At the February Code Enforcement Board meeting the Board agreed to extend the compliance date to August 21, 2007, with a written progress report to be given to the Code Enforcement Board on May 15, 2007. On May 21, 2007 the 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 property was sold to the current owner. The current owner was provided with all the information with regards to the outstanding violations. At this point the property is not in compliance and the Respondent is present. Lakshminarine Rampersad, of 25 Clifton Ave. N., New Jersey, stated he bought the property in May of 2007. He stated he is in the process of trying to get a loan to redo the whole building and to have the old fuel tanks replaced. He is asking for a six month extension. He says within six months the project should be started. He should be getting the loan three weeks from today to close on the mortgage and he has put up one of his properties in New Jersey for collateral. Chairman Jim Purvis asked the property owner if he knew this situation existed when he purchased the property. Mr. Rampersad stated he was told of the situation but he did not expect to get fined starting tonight. He stated he plans on making a New York style deli and have a gas station at that location. He has to change the gas station tanks out within next 2 years according to law, but plans on having the building complete in six months. Board Member Terry Felder asked if the old beauty shop is included in the renovations. Mr. Rampersad needs to speak to his architect to see what he can do with that building. Board Member Terry Felder asked if he was planning in six months to speak to an architect, fix the buildings completely, get his food and beverage license, change out the tanks and be operating in six months. Mr. Rampersad stated that is his plan because he will be spending $600,000 on this project and needs to get it operating as soon as possible. Board Member Terry Felder asked about the permitting process. Planning Director Jim Hitt stated that commercial permitting is busy at this time and they are the permits that take the longest to get approval. He stated that it can take from a few weeks up to a couple months to get approval for permitting. Chairman Jim Purvis asked Code Enforcement Officer Betty McMinamen what was the violation that was supposed to start as of today. Code Enforcement Officer Betty McMinamen stated that $10 a day on each case. She stated that he needs a permit for the beauty shop to be restored to a storage building and the unsafe abatement was for the main building to be restored or demolished. Chairman Jim Purvis asked if there were safety issue on the building. CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 Code Enforcement Officer Betty McMinamen stated there was but the building is secure. Board Member Terry Felder stated she thinks the $10 a day fine should run for now and see how he does in his progression of completing the project but keep the fine running. Mr. Rampersad stated that he did not know it would take him so long to get a mortgage for a building that been burnt. Chairman Jim Purvis stated that the fine should move forward as scheduled however if you do complete the project in six months then they have the ability to consider releasing the Respondent from the fine at that point time if he comes back before the Board. Bill Webb stated that he has been helping Mr. Rampersad with this project. He said the Mr. Rampersad has all intentions to complete the project in six months. He said the fuel tanks don't have to be removed at this time but it would save time and money for when the tanks have to be removed which is in two years and it makes more sense to do it now. He stated they are a lot further along then it looks. He said they have talked to builders and they have estimates on removing the tanks. He stated there are permits already pulled on the property with the county from the former owners. Board member James Davern stated the Boards specific concerns are the code violations. Code Enforcement Board Attorney Valerie Fuchs stated that the Respondent needs to ask for a reduction prior to the lien being filed with the County records or he will need to go before the Council. She stated the lien could not be filed until the six month period has ended. Jim Hitt stated that if there is a permit that has been applied for and there has not been any work pertaining to that permit in a six month period they will need to reapply for the permit. He also stated that if the permit is in someone else's name they will need to change the name on the permit with the County. Code Enforcement Board Attorney Valerie Fuchs swore in Tim Murry to the oath of office. James Davern made a motion for case no. 06-310 for the $10 a day fine be initiated with the possibility of forgiveness at the end of the six months and the lien will not be filed until the end of the six months which will be February 19, 2008 and seconded by A D Van Demark. The vote was unanimous in favor of finding the Respondent in violation the time period, and the amount of the fine. 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 James Davern made a motion for case no. 06-311 for the $10 a day fine be initiated with the possibility of forgiveness at the end of the six months and the lien will not be filed until the end of the six months which will be February 19, 2008 and seconded by A. D. Van Demark. The vote was unanimous in favor of finding the Respondent in violation, the time period, and the amount of the fine. CASE NO. 07-320 Prakai & Vannee B. Pachiratana 158 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 158 W. Highway 50 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-344 (a). Building Permit Required. City Attorney Yvette Brown introduced the above referenced case and said that the case was originally heard before the Code Enforcement Board on February 20 2007 and was found in violation at that time. The Respondent had until August 21, 2007 to comply, with a written progress report to be given to the Code Enforcement Board on May 15, 2007, or be fined at the rate of $20.00 per day. She stated that the property is currently out of compliance. Mr. Joseph Shoemaker, attorney for the Respondents, stated his clients leased out their restaurant several years ago to a Mr. and Mrs. Yuadlard. This was a long-term lease between the Respondents and the Yuadlard's that will expire on December 1, 2007. At some point during the lease, the Yuadlard's sub-let the restaurant to a person by the name of Sunshine Blackburn. This sub-lease was done without the written consent of the Respondents, which was a clause in the original lease agreement between the Respondents and the Yuadlard's. There is a legal suit pending between the Respondents and the other parties in order for the Respondents to gain back control of the restaurant. He stated there were two informal agreements for Ms. Blackburn to turn over possession of the property to the Respondents but Ms. Blackburn is refusing to turn over possession and this is going to have to go before a Judge. Mr. Shoemaker requested abatement of any fine. He stated he does not know how long it will take to get permits to fix the issues that exist. He stated the Yuadlard's have disappeared which complicates the issues. Board member Terry Felder asked Council that if this does go to court what limitations would it put on the Code Enforcement Board. 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 Code Enforcement Valerie Fuchs stated that the owner of the property is responsible for the violations on that property. She stated the Board can move forward with the fines, make it a lien or foreclose on the property. City Attorney Yvette Brown stated the Respondents have had 6 months. Terry Felder made a motion for the Board to take no action and seconded by A. D. Van Demark The vote was unanimous in favor of taking no action and allowing the fine to begin as ordered February 20, .2.007. CASE NO. 07-323 S. W. Williams LLC Attn: David Williams 901 12th Street Clermont, FL 34711 LOCATION OF VIOLATION: 901 12th Street VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. Have complied. CASE NO. 07-325 S. W. Williams LLC Attn: David Williams 901 12th Street Clermont, FL 34711 LOCATION OF VIOLATION: 901 12th Street VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-263. Outdoor Uses Must be Screened from View. Have complied. OTHER BUSINESS 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 CASE NO. 05-238 Home Depot USA, Inc. 1530 E. Highway 50 Clermont, FL 34711 City Attorney Yvette Brown introduced the above referenced case and said that once the fine has been accrued then the City has the authorization to impose a lien on the property. Once the lien has been in place for 3 months or more then City Staff can come to the Board with a request to foreclosure on the property. She stated that this does not mean the City wants to foreclose it is just the next legal step to give the City the ability to attempt to collect the fine. She stated the property is currently in compliance however there is an outstanding lien of $110,038.50 and it has been more than 3 months since the lien was imposed and the fine has not been paid. Jimmy Crawford, attorney for the Respondent, stated that in January of 2007 Home Depot got an amended CUP and was cleared on February 13, 2007. They had to go through site review because of the extent of the construction that had to be completed and they are not finished with construction at this time. He stated he met with the City Manager in February to talk about the settlement of the fine. He stated he was advised to not come before the Board or the City Council until construction was finished. He said he came tonight because of the foreclosure request. He requested that if the Board votes to move forward with the foreclosure to add to the vote to allow him 60 days to give him time to go before the City Council with his proposal. Terry Felder made a motion to move forward to recommend to Council for foreclosure of this ro ert • seconded b A. D. Van Demark. The vote was unanimous in favor of recommending to Council for foreclosure. Des Properties, LLC And Willie Mae Simmons, Estate 1018 School St. Clermont, FL 34711 LOCATION OF VIOLATION: 1018 School St. VIOLATION: Section 34-64 Harry M. Dean Et AI c/o Billie L. Dean 1042 School St. Clermont, FL 34711 LOCATION OF VIOLATION: 1042 School St. 7 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 VIOLATION: Section 34-64 Dunhill Nguyen 2410 Holly Ridge Ct. Clermont, FL 34711 LOCATION OF VIOLATION: 2410 Holly Ridge Ct. VIOLATION: Section 34-64 City Attorney Yvette Brown stated that these three properties are nuisance and abatement matters that generally would not come before this Board. She stated that what has happened is they have received notice because they have outstanding liens on their properties. She stated the City is trying to create some type of mechanism to get the property owners to reimburse the City for mowing or demolition of buildings in order to get these properties into compliance. She stated that the next step would be to execute the lien similar to a foreclosure however the process and procedures are different. She stated the City can not find in Chapter 162 that will give them the ability to impose a lien to foreclose on nuisance and abatement action. Code Enforcement Attorney Valerie Fuchs stated that this is not under this Boards authority. She stated there are no case numbers and these cases were never heard before this Board. Board Member Terry Felder asked where the City gets the power to give out these citations. Code Enforcement Officer Betty McMinamen stated that the money accrued on these cases are the costs it cost the City to demolish buildings or mow the grass and there is $100 administration fee which is all by ordinance. James Davem made a motion to recommend to City Council for foreclosure authorization on the three properties cited seconded by A. D. Van Demark. The vote was unanimous in favor of recommending to Council for foreclosure. ADDITIONAL ITEM Terry stated that November will be her last month for the Code Enforcement Board. City Attorney Yvette Brown reviewed the Lien Status Report. 8 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD August 21, 2007 There being no further business, the meeting was adjourned. Attest: ~-~. Rae Chidlow, Code Enforcement Clerk